Davis v. Walker

This was an action brought to' recover damages, under the act of 1867, forbidding the introduction of Texas or Cherokee cattle into this State. The plaintiff recovered a verdict and j udgment. One of the jurymen, when examined in regard to his competency as a juror, testified that, in his opinion, Texas cattle would communicate disease to native cattle, whether diseased themselves or not. He was objected to as a juror on this ground, but the objection was not allowed.

In this we think the court erred. The juror entered the box with an opinion already fprmed upon one of the main issues involved…